What is the public sector equality duty for colleges?

The public sector equality duty, known as the PSED, is a duty on organisations to think about equality when they make decisions. It is separate from the duty to make reasonable adjustments for individuals.

What does the PSED require?

Section 149 of the Equality Act 2010 says that a public authority must, in the exercise of its functions, have due regard to three needs: to eliminate discrimination, harassment and victimisation; to advance equality of opportunity between people who share a protected characteristic and those who do not; and to foster good relations between them. Advancing equality includes removing disadvantage, meeting different needs and encouraging participation.

“Due regard” has been explained in case law as real consideration, with an open mind, before and at the time a decision is made. It is not a box-ticking exercise, and it cannot be done after the event. Authorities in England must also meet specific duties, which include publishing equality information and objectives. Check the details of the regulations that apply to you.

How does the public sector equality duty apply to colleges and apprenticeships?

FE college governing bodies are covered. So the duty applies when a college sets its admissions policy, designs the curriculum, changes a support process, buys a system, or decides how to allocate learning support. Evidence of consideration might include an equality impact assessment, learner voice feedback, or analysis of who asks for support and who does not.

Independent training providers and employers are not covered simply because they train apprentices. If a body exercises a public function, it can be covered for that function, so ask for advice where it is unclear. Whether or not the duty applies, the same reasoning helps good practice.

The PSED sits alongside the anticipatory duty and individual reasonable adjustments. Quality teams can read more under quality and compliance.

What is a common misconception about the PSED?

A common view is that the PSED lets an individual learner demand a particular adjustment. It does not create a right for an individual in that way. It requires bodies to consider equality in policy and decisions, and failure to do so can be challenged by judicial review or by the Equality and Human Rights Commission. Individuals’ rights to adjustments come from other parts of the Act.

Another misconception is that an equality impact assessment is a legal requirement. The Act does not require a particular form, though a written record is a sensible way to show due regard.

Where can you find the official source?

Section 149 and Schedule 19 of the Equality Act 2010 are on legislation.gov.uk, and the Equality and Human Rights Commission publishes guidance for England. Because the duty is shaped by case law, take professional advice on a particular decision.